CRBA Denied and Husband's Petition Approved- How can we leave our children back?

[Nidashah99 0]

Dear All

I am a born US Citizen. Last year, I applied for my husband’s I 130 and the petition got approved this November and my husband has been issued an immigrant visa. I then applied for CRBA of my almost 3 year old daughter and one year old son but due to insufficient proof of physical presence, I could not get their CRBA from Islamabad Embassy of United States.

Now the problem is that my husband has to go before April (as the visa will expire in April 2016) and he cannot leave us alone here. If I file I 130 for my both kids, it would take approximately a year which is too long a time for us to stay alone and not possible even for me to leave the children ( so minor of age) behind.

We want to take our children with us. What is the best possible solution for this? Can I go for a B2 visa for my kids or any other visa or any sort of transportation letter that may help my kids to travel with us to US earlier and help me to file I 130 for them?

plz plz plz help me

[Georgia16 2,858]

If you are a USC why aren't you kids also USC? (know nothing about this, I just thought that they would be us too since their mom is?)

[aaron2020 11,652]

If you are a USC why aren't you kids also USC? (know nothing about this, I just thought that they would be us too since their mom is?)

OP already stated she does not have the proof that she meets the 5 years physical presence requirement to get the CRBAs for her children.

There is a 5 years physical presence in the US requirement for a USC to pass US citizenship on to a child born abroad.

Edited December 23, 2015 by aaron2020

[aaron2020 11,652]

Dear All

I am a born US Citizen. Last year, I applied for my husbands I 130 and the petition got approved this November and my husband has been issued an immigrant visa. I then applied for CRBA of my almost 3 year old daughter and one year old son but due to insufficient proof of physical presence, I could not get their CRBA from Islamabad Embassy of United States.

Now the problem is that my husband has to go before April (as the visa will expire in April 2016) and he cannot leave us alone here. If I file I 130 for my both kids, it would take approximately a year which is too long a time for us to stay alone and not possible even for me to leave the children ( so minor of age) behind.

We want to take our children with us. What is the best possible solution for this? Can I go for a B2 visa for my kids or any other visa or any sort of transportation letter that may help my kids to travel with us to US earlier and help me to file I 130 for them?

plz plz plz help me

You have to file I-130s for your kids. Ask for expedited processing based on your husband's case. Delay your husband's case. Wait for the kids' cases to catch up to your husband's case.This is your only choice for your family to stay together and come to the US together.

There is no way you will get non-immigrant B-2 visas to immigrate your kids. That's illegal.

There is no transportation letters.

There is only the I-130s.

Sorry

[Nidashah99 0]

ya, thanks aaron2020, please suggest what should i do? I 130 would take much long....and my son is very close with his dad? should i go for b2? or someother option?

But i told that my husbands petition has been approved in November and he has to go before april

[Unshakable Faith 493]

Do you have any proof at all of your US residency?

[Nidashah99 0]

Yes I have many of them...but they did not accept as it did not include school record etc. I have all my pictures in america, of different years, tax docs etc

[Anh map 2,098]

You need to document physical presence. Tax returns don't show that.

As aaron said, file for your kids and slow down / extend your husband's visa. Then when the kids have their visas you can all go together.

[NigeriaorBust 4,088]

You husband can go to the US and activate his green card. Once he has that he can return to where you are and take care of the children. You need to file an I130 for the children and request that it be expedited. If needed your husband can apply so that he can stay out of the US without losing his status.

[aaron2020 11,652]

ya, thanks aaron2020, please suggest what should i do? Already told you what to do. File I-130s for your children, ask for expedites, and slow the case for your husband. I 130 would take much long....and my son is very close with his dad? Ok. So what. The law doesn't care how long the I-130 will take or that your son is clsoe to his dad. Everyone has a sad story about being separated from a loved one. should i go for b2? Already told you that there is no way your kids will get B2 visas to immigrate to the US because it's ILLEGAL. or someother option? Already told you there is no other option.

But i told that my husbands petition has been approved in November and he has to go before april

Sorry. You can ask a hundred times and the answers will still be the same.

You have one choice to keep the family together. Otherwise, you will need to endure the same separations as many of us have.

You husband can go to the US and activate his green card. Once he has that he can return to where you are and take care of the children. You need to file an I130 for the children and request that it be expedited. If needed your husband can apply so that he can stay out of the US without losing his status.

Immigrant needs to enter at the same time or after the petitioner. He can not go activate his green card and "return to where you are." He and his wife have to enter together or she has to go back to reestablish a US domicile.

[TBoneTX 48,053]

Welcome to the forum.

[Ontarkie 15,021]

~~Moved to IR-1 / CR-1 Spouse Visa Process & Procedures, from Introductions~~

[NikLR 13,234]

You need to file the I-130s for the children ASAP. Include a copy of your husband's visa and request an expedite. If necessary contact whomever would be your congressman and/or senator where you will be living for help.

[Boiler 48,037]

Parents go to the US and activate the GC and then return to await the children's visa.

[Alaska2012 462]

File the kids paperwork asap! Can the kiddos stay with grandparents or such while you and your husband fly over and active his greencard? Then he could fly back.